A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On August 9, 2017, the Defendant was issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act in the public capital support of the Daejeon District Court.

【Criminal Facts】

1. On December 6, 2019, the Defendant was under the influence of alcohol at around 22:00, the Defendant violated the Road Traffic Act (refluence of the alcohol measurement) and the Defendant was driving a DNA observer car from approximately 4 km section from the roads in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to the roads in front C, while driving the D observer car at about 4 km section from the road in front of C, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as influorous and unfluoring the traffic in an inaccurate manner, making it difficult for the Defendant to view that he was driving under the influence of alcohol, and making it difficult for the Defendant to take a alcohol measurement by inserting the alcohol measuring machine from F around 22:04 on the same day, but did not comply with the demand for a alcohol measurement by a police officer without justifiable grounds by refusing it by conclusive and explicitly expressing his intention not to comply with the alcohol measurement.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of DNA options.

No person shall operate any motor vehicle which has not been covered by mandatory insurance.

Nevertheless, the Defendant operated the said car without mandatory insurance as stated in Paragraph 1 at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of, and control note for, a drinking driver;

1. Mandatory insurance policies;

1. A video CD that refuses to take a drinking alcohol measurement;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report on the examination of the same kind of force) and Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (2) of the Road Traffic Act (which refuses to measure alcoholic beverages), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment for each sentence;

1. Aggravation for concurrent crimes;